Public Resources Code

DIVISION 5. PARKS AND MONUMENTS

CHAPTER 2. Counties and Cities

Article 2.6. County Theatrical Schools and Institutes*

5140. Counties with population of four million; acquisition and operation of schools for instruction in dramatic or theatrical arts; leases. In addition to its other powers the board of supervisors of any county with a population of four million or more may:

(a) Acquire land for and construct, lease or otherwise acquire, furnish, refurnish, maintain or repair buildings for special or technical schools or institutes for instruction in the dramatic or theatrical arts, and related facilities, including, without limitation to, public auditoriums or playhouses and offstreet parking places for motor vehicles;

(b) Operate such schools or institutes and other related facilities, and, in the operation thereof, charge such fees as are necessary to defray the cost of instruction, issue certificates evidencing completion of the instruction taken to the satisfaction of the board, present theatrical and other entertainment to the public and charge admission thereto, and exercise any other power the board deems necessary and proper to promote the objects and purposes of such schools or institutes and their related facilities;

(c) Enter into an operating lease or sublease, without advertising for bids therefor, of such buildings, structures and facilities, or any thereof, with any nonprofit association or corporation for their maintenance, operation, and management, or any thereof, for such purposes and for a specific term, not to exceed 40 years, such lease or sublease to include provisions regarding manner of use as required by law and such other terms and conditions as the board sees fit.

5141.1. Leases; net revenue; charitable exemption; transfer of assets on termination. A lease or sublease entered into pursuant to subdivision (c) of Section 5140 shall provide that the net revenue, if any, from the operation and use of the facilities, remaining after the payment of any expenses and costs for maintenance, operation, or management, payment of interest and principal upon any loans made to the nonprofit corporation or association for purposes of maintenance, operation, or management, or any other expenses, and after providing maintenance and operation reserves, shall be paid at least annually to the county. Notwithstanding Section 231 of the Revenue and Taxation Code, all buildings, structures, and facilities, together with the land upon which they are situated, and so much of the surrounding land as is required for their use and occupation, operated by a nonprofit association or corporation pursuant to the operating lease or sublease, shall be exempt from taxation within the meaning of "charitable purposes" in subdivision (b) of Section 4 of Article XIII of the California Constitution. The lease or sublease shall provide that, upon its expiration and after payment or discharge of its indebtedness and liabilities, all of the assets of the nonprofit association or corporation shall be transferred to the county.

History.—Stats. 2006, Ch. 538 (SB 1852), in effect January 1, 2007, substituted "A" for "Any such" before "lease or sublease" and added a comma between "operation" and "or management" twice in the first sentence, deleted "the provisions of" after "Notwithstanding", deleted "such" after "Code, all", added a comma between "structures" and "and facilities", substituted "the" for "any such" after "corporation pursuant to", substituted "subdivision (b) of Section 4 of Article XIII of the California Constitution" for "Section 1c of Article XIII of the Constitution of California" after " "charitable purposes" in" in the second sentence, and substituted "The" for "Any Such" before "lease or sublease" in the third sentence of the first paragraph.